Following the intervention of the National Judicial Council (NJC)
in the suspension of the Chief Justice of the Federation (CJN), Mr. Walter
Onnoghen by President Muhammadu Buhari, the senate on Monday ordered the
discontinuation of the case it filed at the Supreme to challenge the president’s
action.
The senate had, in the suit, filed last week asked the court to determine whether the action of the President does amount to usurpation of the powers of the senate as provided for in Section 292 of the constitution.
It also sought to seek the court’s interpretation of whether Buhari acted within the provisions of the constitution in his suspension of the CJN.
In a statement signed by Yusuph Olaniyonu, special adviser to the senate president, Dr. Bukola Saraki, the senate announced its discontinuation of the case to give the NJC intervention a chance.
“The Senate has therefore decided to discontinue the case it filed in the Supreme Court.
“It should be noted that the case has been slated for hearing tomorrow (Tuesday, February 5th).
“This decision also affirms the confidence of the Senate in the ability of the NJC to successfully and creditably resolve the issues,” said the senate in the statement.
The withdrawal of the case came when the App Progressives Congress (APC) caucus in the senate sought to be joined in the Senate suit as a way of showing the court that there was no resolution to that effect by the senate.
The caucus in a statement signed by the senate leader, Mr. Ahmed Lawan, informed court that the suit does not represent the interest of the Senate since 56 out of the 109 members are not part of it.
The statement reads: “The Senate caucus of the APC consisting of 56 Senators being the majority party in the senate, has today Monday, February 4, 2019, applied to the Supreme Court to join issues in the suit purportedly filed by the senate against the President and Commander in Chief of the Federal Republic of Nigeria as interested parties.
“The APC senators rely on the Supreme Court (additional original jurisdiction) Act of 2002, which provides that the resolution of the respective chambers of national assembly is a prerequisite of filing such suit.
“The caucus is therefore challenging the said suit and objects to the inclusion of its members.”
